PURNA CHANDRA PANDA Vs. PRADIP KUMAR PANIGRAHI

JUDGEMENT

(1.) THE petitioners being aggrieved with the order of the learned Civil Judge (Sr.Division), Udala in F.A.O. No. 1 of 2012 (Annexure - 12) have filed this writ petition.

(2.) I have perused the impugned order at Annexure -12 as well as the order of the learned Civil Judge (Jr.Division), Udala in Interim Application No. 8 of 2011 (Annexure -10). Perusal of the materials on record reveal that the opposite party of this writ petition as plaintiff has filed Civil Suit No. 7 of 2011 -I in the court of learned Civil Judge (Jr.Division), Udala for declaration of his right, title, interest and confirmation of possession over the suit land, along with alternate prayer for recovery of possession, declaration that the Consolidation Record of Right to be illegal and without jurisdiction and for permanent injunction restraining the defendant from interfering with the peaceful possession of the plaintiff over the 'Khha' schedule suit land etc.

(3.) IN the said suit a separate prayer was also made under Order -39, Rules 1 and 2 of the C.P.C. for injunction vide Interim Application No. 8 of 2011. The learned Civil Judge (Jr.Division), Udala by his order at Annexure - 10 dismissed the Interim Application No. 8 of 2011. Being aggrieved, the plaintiff -petitioner filed F.A.O. No. 1 of 2012 in the court of the learned Civil Judge (Sr.Division), Udala and the learned Civil Judge (Sr.Division), Udala by the impugned order at Annexure -12 allowed the said appeal and directed the parties to maintain status quo over the suit land as on date of the order till final disposal of the original suit.